Terms of Service
Last Updated on October, 17, 2023
These Terms of Service outline the rules and regulations for the use of dextmall.com website and services.
The following terminology applies to these Terms of Service, Terms and Conditions, Acceptable Use Policy, and any or all Agreements:
When we refer to “DextMall” or we use pronouns like “we”, “us” or “our”, we are referring to dextmall.com as well as its parents, affiliates and subsidiaries.
We refer to the Terms of Service as the "TOS"
When we refer to the "User", we are talking about you, and we will also use words like "you" and "your" to refer to you. Who “you” are can get more complicated if you are using our services on behalf of a company, organization, or other entity. In that case, you are representing to us that you have the authority to bind your company, organization, other entity to this TOS and that you agree to be legally bound by this TOS on behalf of such entity (and "User", "you", and "your" then refer to such entity). If you aren't sure what this means or whether you are authorized to bind your company, organization, or entity to this contract, you should ask others in your organization to get clarification about authority.
This TOS is a binding contract between you and DextMall, and covers all of the offerings, websites, products, services, features, content, applications and other things we offer to users like you.
We will periodically differentiate between our websites such as dextmall.com (which we will refer to collectively as the “Websites”) and all of our other services, such as our cloud infrastructure and other paid services (which we will refer to collectively as the “Services”).
Now that we have some common language, we want to ensure you understand when and how the TOS applies.
First and foremost, you must understand that this is a binding legal contract that is required to use our Websites and Services. As such, you may only use our Websites and Services if you agree that you that have read, understood, and consented to be bound by this TOS.
If you sign up for Services or create an account through our Websites, this TOS takes effect when you click "I accept" or other functionality indicating your acceptance of its terms. When you access or use our Websites and Services, this TOS applies and is legally binding on you and to your access and use. These are common examples, and this paragraph does not necessarily include all the other ways you can become bound to this TOS.
Terms and Conditions of TOS
Eligibility & Registration
- Before you use our Websites and Services, you must ensure that such use is in compliance with all laws, rules and regulations applicable to you. Your right to access the Websites and Services is revoked to the extent your use thereof is prohibited or to the extent our provision thereof conflicts with any applicable law, rule or regulation. You are responsible for making these determinations before using the Websites and Services.
- The Websites and Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Websites and Services, you represent and warrant to us that: (a) you are 18 years of age or older; or (b) you otherwise have sufficient legal consent, permission and capacity to use the Websites and Services in applicable jurisdiction(s) as determined by you.
- We may, in our sole discretion, refuse to provide or continue providing the Websites and Services to any person or entity and change eligibility criteria at any time, including if you fail to comply with the TOS. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion.
Acceptable Use Policy ("AUP")
This Acceptable Use Policy (this “AUP”) section describes material and activities that are not allowed in connection with the Services offered by DextMall. This AUP is not exhaustive, and DextMall reserves the right to take remedial action in connection with content or uses that are not specifically described below.
You are responsible for violations of this AUP by anyone using your account with your permission or on an unauthorized basis. You are also responsible for violations of this AUP by Your Users. Your use of the Services to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP. We may modify this AUP at any time by posting a revised version on the DextMall Websites and/or Services.
Illegal or Abusive Activity or Content
You may not use the Services for any unlawful or abusive purpose. Prohibited activities include:
- Gambling and Pornography. Any gambling related activity or pornography content including child pornography or depictions of nudity or sexual activity obtained or disseminated without the consent of those depicted is strictly prohibited.
- Copyright Content. Serving or storing copyrighted digital content without the consent of the copyright holder such as movies, music is strictly prohibited.
- Fraudulent or Harmful Activities. Engaging in activities that is deceptive or harmful to others, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming), deceptively impersonating another person or entity, or engaging in other fraudulent or misleading practices.
- Violent, Harassing, or Abusive Content. Content that incites or threatens violence against any person, promotes terrorism, is intended to harass, abuse or invade the privacy of any individual, creates a risk to the physical safety or health of any individual or to public safety or health, or that threatens or encourages harm on the basis of race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender, gender identity, serious disease or disability, or immigration status.
- Controlled Substances. Unlawfully selling or distributing controlled substances, including but not limited to any illegal or prescription drugs.
- Illegal Activities. Any use of the Services to engage in, further, promote, or encourage illegal conduct or activities, including the dissemination of content that has been determined by a court of competent jurisdiction to be unlawful.
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
- Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled, or other harvesting or scraping of any content of the Services.
- Deceitful Actions. Introducing intentionally, knowingly or recklessly, any virus or other contaminating code into the Service, or collecting, transmitting, or using information, including email addresses, screen names or other identifiers, by deceit or covert means (such as phishing, Internet scamming, password robbery, spidering, and harvesting).
- Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, flooding techniques, or conducting a denial of service (“DoS”) attack.
- Operation of Certain Network Services. Operating open proxies, open mail relays, open recursive domain name servers, Tor exit nodes, or other similar network services.
- Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access limits and storage restrictions.
- Withholding Identity. Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses.
- Mining of Cryptocurrencies. Mining any cryptocurrency, including but not limited to BitCoin or any similar currency.
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
- Harmful Software. Content, software, or any other technology that may damage, interfere with, surreptitiously intercept, or expropriate any computer system, program, or data, including any viruses, malware, spyware, adware, Trojan horses, worms, or time bombs.
- Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
- Interception. Monitoring of data or traffic on a System without permission.
- Falsification of Origin. Using fake or misleading TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
You may not attempt to probe, scan, penetrate, or test the vulnerability of a Our system or network, or to breach the security or authentication measures, whether by passive or intrusive techniques, or conduct any security or malware research on or using the Services, without our prior written consent.
E-Mail and Other Message Abuse; Spamming
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this AUP or the acceptable use policy of that provider. You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. You will not take any action which directly or indirectly results in any of our IP addresses being listed on any abuse database (e.g., Spamhaus).
Excessive Use of Shared System Resources
You may not use any shared System provided by us in a way that unnecessarily interferes with the normal operation of the shared System, or that consumes a disproportionate share of the resources of the System. For example, we may require you to repair coding abnormalities in your cloud-hosted code if it unnecessarily conflicts with other customers’ use of the Services. You agree that we may quarantine or delete any data stored on a shared System if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the System or other customers’ data that is stored on the same system.
Our Monitoring and Enforcement
We reserve the right, but have no obligation, to investigate any suspected violation of this AUP or misuse of the Services about which we have actual knowledge. In connection with such investigations, we may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing, reviewing and preserving appropriate customer information consistent with applicable law. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.
Consequences of Violation of AUP
If we determine, in our discretion, that you have violated this AUP, we may remove, disable access to, or modify any content or resource and/or to suspend or terminate your use of the Services. We also may intercept or block any content or traffic belonging to you or to users where the Services are being used unlawfully or not in accordance with this AUP. Our right to suspend or terminate your use of the Services applies even if a violation is committed unintentionally or without your authorization. Such right is not an obligation on us to act at any given time or with respect to any given Subscriber, and we may exercise such right at any time within our sole discretion.
Reporting of Violations of this AUP
If you become aware of any suspected violation of this AUP, please notify us by providing a full explanation of the bases for the violation. We may request your assistance to help stop or remedy the violation. To report any violation of this AUP or make related inquiries, please contact us at [email protected].
Rules of Conduct
- You must use the Websites and Services in accordance with our AUP, which is incorporated by reference. Accordingly, any use of the Websites and Services in violation of the AUP shall constitute a breach of this TOS.
- You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees, any third party (including your contractors or agents), your End Users, your licensees, or your customers.
- You are responsible for notifying your employees, agents, and others related to your use of the Websites and Services of the provisions of this TOS, including where the terms of the TOS are binding on them.
- We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) respond to any applicable law, regulation, legal process or governmental request; (ii) enforce this TOS, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.
- You shall utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access information. You are solely responsible for any unauthorized access to your Account, and must notify DextMall immediately of any such unauthorized access upon becoming aware of it.
- You shall notify DextMall if and when you learn of any security incidents or breaches affecting the Websites or Services, including unauthorized access to your Account or Account credentials, and shall aid in any investigation or legal action that is taken by authorities and/or Dextmall to investigate and cure the security incident or breach to the extent caused by your Account or your use of the Websites and Services.
Payments and Billing
We use third-party payment processors (the “Payment Processors”) to bill you through the payment account(s) linked to your Account (your “Billing Information”). The processing of payments may be subject to the terms, conditions and policies of the Payment Processors in addition to this TOS. We are not responsible for acts or omissions of the Payment Processors. You agree to pay us, through the Payment Processors or as otherwise agreed to by DextMall, all sums for Services you select and you hereby authorize us and applicable Payment Processors to charge all such sums (including all applicable taxes) to the payment method(s) specified in or linked to your Account (your “Payment Method”).
User is responsible for charges at the time the service is used and dextmall.com may apply the amount due to User's credit card at any time.
DextMall reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments or rejection of any charges.
All Dedicated Server, Virtual Private Server, and Virtual Private network payments are due in full on the monthly anniversary date. If full payment has not been received until the anniversary date, suspension of access to customer services may be incurred. Failure to remit payment for services within five (1) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed.
Our refund policy does not apply to any additional items or services, this includes but not limited to Domain Registration, Domain Parking services, dedicated servers, virtual private servers, virtual private network service and overage fees.
By default, all refunds will be credited into your account for future purchases and payments. User may request funds to be credited back into user bank account by sending refund request to [email protected].
Refunds to user bank account will take 5-7 business days.
You may voluntarily cancel your account at any time, for any reason or for no reason, by requesting a cancellation from your user account dashboard. DextMall requires a five (5) day cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite five (5) days will result in a full billable monthly cycle prior to cancellation. All due amounts must be settled in full before we cancel the User account. You understands and agrees that we does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.
All cancellation requests must be made directly via https://dextmall.com. Cancellations requests are not accepted by email, postal mail, by phone or via the help desk chat. If a customer canceled a recurring order by contacting any 3rd parties, we will consider it as an account cancellation request. In such cases, DextMall reserves the right to terminate the customer account with immediate effect without any prior notice.
The Websites and Services, including without limitation any content delivered as a part thereof, are provided "as is" and on an "as available" basis. DextMall disclaims all warranties of any kind, whether express or implied, relating to the Websites and Services and all content delivered in connection thereto, including but not limited to: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; (b) any warranty arising out of course of dealing, usage, or trade; or © any warranty or guaranty relating to availability, accuracy, error rate, system integrity, or uninterrupted access. We do not warrant that: (i) the Websites or Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Websites or Services is free of viruses or other harmful components; or (iv) the results of using the Websites or Services will meet your requirements. Your use of the Websites and Services is solely at your own risk.
DextMall is not responsible for the content that you access through your use of the Websites, Services, or content of other users of DextMall or other third parties. To the extent permitted by applicable law, you release us from all liability relating to such content. You acknowledge and agree that we make no representations concerning any content contained in or accessed through the Websites or content of other users of DextMall or other third parties, and that we are not responsible or liable for the accuracy, quality, legality, or other attributes of such content.
The limitations, exclusions, and disclaimers in this Section apply to the fullest extent permitted by law. DextMall does not disclaim any warranty or other right that DextMall is prohibited from disclaiming under applicable law.
Limitation of Liability
To the fullest extent permitted by law, in no event will we be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Websites and Services or any materials or content on the Websites and Services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of damage. To the fullest extent permitted by law, you agree we will have no liability for any data that may be destroyed, lost or otherwise rendered inaccessible, whether because you failed to backup your data or for any other reason.
Except as provided in above Section and to the fullest extent permitted by law, our aggregate liability to you for all claims arising out of or relating to this TOS or the Websites and Services, whether in contract, tort, or otherwise, is limited to the amount you have paid to us for the Services at issue in the month prior to the event or circumstance giving rise to claim.
Each provision of this TOS that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under this TOS. This allocation is an essential element of the basis of the bargain between you and us. Each of these provisions is severable and independent of all other provisions of this TOS. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
To the fullest extent permitted by law, you are responsible for your use of the Websites and Services, and you shall defend, indemnify, and hold harmless us and our employees, officers, directors, agents, contractors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and costs, that arise from or relate to your Services Content, User Content, your End Users, or your access to or use of the Websites and Services, including your breach of this TOS or applicable law, willful misconduct, negligence, illegal activity, breach of security or data, unauthorized access to or use of your Account, or infringement of a third party’s right, including any intellectual property, confidentiality, property or privacy right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations with respect to that matter, in which event you will make best efforts to assist and cooperate with us in defending the matter at your expense.
While we prefer to give advance notice of termination, we reserve the right, in our sole discretion, to terminate your access to all or any part of the Websites and/or Services at any time, with or without notice, effective immediately. Any such termination may result in the immediate forfeiture and destruction of data associated with your Account. Except as otherwise set forth herein or expressly agreed between the parties, any and all fees paid to us are non-refundable and any and all fees still owed to us at the time of such termination shall be immediately due and payable. Upon termination, any and all rights granted to you by this TOS will immediately be terminated, and you must also promptly discontinue all use of the Websites and/or Services. All provisions of this TOS which by their nature should reasonably be expected to survive termination shall survive termination.
Indonesia Law will govern any dispute related to these TOS.
Force Majeure. DextMall shall not be liable for nonperformance of the terms herein to the extent that DextMall is prevented from performing as a result of any act or event which occurs and is beyond DextMall's reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, epidemic, pandemic or any unforeseen change in circumstances, or any other causes beyond our reasonable control.
Relationship of the Parties. The parties are independent contractors. This TOS does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
Updates and Modifications. DextMall reserves the right to update, change or otherwise modify this TOS on a going-forward basis at any time and in DextMall's sole discretion. If DextMall updates this TOS, DextMall may provide notice of such updates, such as by sending an email notification to the email address listed in your Account and/or updating the “Last Updated” date at the beginning of this TOS. Updates will be effective on the date specified in the notice. By continuing to access or use the Websites or Services after the date specified in the notice or updated TOS, you are agreeing to accept and be bound by the updated TOS and all of the terms incorporated therein. If you do not agree to the updated TOS, then you may not continue to use the Websites or Services and your sole and exclusive remedy is to deactivate your Account and otherwise discontinue use of the Websites and/or Services.